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DELANEY v. KRAFTE

98 A.D.2d 128 (1984)

Pearl Delaney, Respondent-Appellant, v. Burton O. Krafte et al., Appellants-Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 12, 1984

Attorney(s) appearing for the Case

Mieselman, Farber, Stella & Eberz, P. C. (Dennis Gerard Ellis of counsel), for Burton O. Krafte and another, appellants-respondents.

Martin, Noonan, Hislop, Troue & Shudt (Thomas J. O'Connor of counsel), for Columbia Memorial Hospital, appellant-respondent.

Connor, Curran & Schram (Daniel J. Tuczinski of counsel), for respondent-appellant.

KANE, J. P., CASEY, YESAWICH, JR., and WEISS, JJ., concur.

LEVINE, J.

Plaintiff had a "D&C" operation when she was approximately eight weeks pregnant in order to abort her pregnancy. The operation was unsuccessful. This became apparent when plaintiff returned to the office of defendant Krafte, who informed her that she was then 18½ weeks pregnant. Plaintiff ultimately gave birth to a healthy baby. She then brought this action against defendants sounding in malpractice...

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